Farmer V Pilot Essay Example for Free

Farmer V Pilot Essay Does Farmer have any claim(s) for damages against Pilot based on intentional tort? Discuss. Rule of Law : The essential requirements of intentional torts are the elements of intent, injury, damages and causation. The concept of intention does not require that Defendant (D) know that his/her act will cause harm to the Plaintiff (P), but must know with substantial certainty that their act will result in certain outcomes (landing of the plane on the P’s land). To successfully make a claim against D, P must prove that D acted with purpose when he landed the plane on P’s property, that the act was intentional and it lead to the injury suffered by P (loss of land and crops) and the resulting damages to P’s land and crops. It is clear from the facts that that Pilot had clear intent to land the plane on Farmer’s property, that there was injury, that were damages and that it was the act of the Pilot’s that caused the damages. Farmer (Plaintiff P) may have three claims against the Pilot (Defendant – D) for damages based on intentional tort. The potential claims will be on the basis of : a)Trespass to Land Did Pilot trespass on Farmer’s land ? b)Trespass to Chattel Did Pilot trespass on Farmer’s chattel (property i.e. crops) ? c)Trespass to Conversion Did Pilot commit a conversion of Farmer’s property ? Defenses From the Pilot’s perspective, the potential applicable defense privileges that the courts provide to the Defense such that they are not held responsible for their act, are in the form of i) consent, ii) self defense, iii) defense of others (good samaritan) or iv) necessity. Though there are additional defense privileges available under the rule of law, the facts of this case lean towards exploring the said defenses. i.Consent : In the absence of consent from the property owner, consent can be implied by law (in the cases of emergency, when consent cannot be obtained in person) or consent can be implied in fact (when a consent cannot be obtained, but a reasonable person would believe that the property owner would give consent under the same specific conditions). ii.Self defense as a defense would be applicable in the circumstances when a threat is imminent and the subsequent act is reasonable. It is an affirmative defense, which would absolve D of  all liability. iii. Defense of others is a privilege to act when the ‘other’ person being defended has the right to self-defense and a privilege to act, and the force being used by D is acceptable under the reasonable force rule. iv.Necessity : A necessity defense requires the following elements: (1) D acted to avoid a significant risk of harm; (2) no adequate lawful means could have been used to escape the harm; and (3) the harm avoided was greater than that caused by breaking the law. Some jurisdictions also require that the harm must have been imminent and that the action taken must have been reasonably expected to avoid the imminent danger. The necessity defense could either be a ‘public’ necessity or a ‘private’ necessity. A public necessity is a full defense under the doctrine of ‘public good’ and D is not held liable for any damages. A private necessity is a not a viable defense and maybe considered a limited defense since the act that created t he tort was for the benefit of D or a third party. As a result, D may not be liable for the trespass, but is liable for the damages resulting from the trespass. The fact that the intent was driven from necessity, does not change the fact that the landing of the plane on Farmer’s property was intentional, voluntary and without the consent of the Farmer. However, the based on the facts, Pilot has a potential defense in the form of necessity.[1][2] Analysis a)Did Pilot trespass on Farmer’s land ? Trespass to land is defined as a person’s unlawful entry onto another’s land. There are five elements which the plaintiff must show to make prima facie case : I.Intrusion on P’s land was a volitional act by D. II.D acted with the intent of intruding on the P’s land. III.Physical intrusion on the P’s land by D. IV.P was in possession or was entitled to immediate possession of the land when the trespass took place. V.Trespass was caused by the D’s act. Based on the facts, it is clear that the Pilot has a prima facie case for ‘trespass to land’. The facts are clear that the i) Pilot intended to land on the Farmer’s land; ii) Pilot did land on the Farmer’s land; iii) the Farmer had not expressly authorized the entry. [3] However, as a defense privilege we have to review the law in terms of implied consent (implied in-fact and implied in law) and the application of necessity case law. The urgent nature of the circumstances and the availability of limited options (sub-division of homes, trees of vacant land) provide a basis for implied consent. Implied in-fact consent would be an objective manifestation as a reasonable person would consent under the circumstances especially when taking into account the loss of life against the loss of property. Per case law, the courts have ruled that loss of life over-shadows loss of property. Similarly, implied in-law consent would need to be reviewed under the rule of law and the benefit of the public, considering the options between landing on a housing tract versus landing on a vacant farm where the potential of damages would be significantly lower. The same elements of urgency and limited available options also provide the defense privilege under the rule of law of ‘necessity’. If the defense falls under the preview of ‘public necessity’, then D is not liable for any damages and P will not be able to collect any damages from D. However, if the defense falls under ‘private necessity’, D is liable for limited damages to P. As such a key factor to decide under the rule of law will be ‘was this public necessity versus private necessity ?’. Though D took action to minimize loss to the public, the action was also driven by private necessity as D and D’ clients were less likely to be hurt in the vacant field than in the sub-division and/or trees. In addition, the fact that D was a pilot and was flying a commercially paying client will also play a role in deciding public versus private necessity.[4] b)Did Pilot trespass on Farmer’s Chattel ? Trespass to chattel is the intentional interference with the right of possession of personal property of another. The defendants acts must intentionally damage the chattel, deprive the owner of its use for a period of time, or totally dispossess the chattel from the owner. i.An act by D that intentionally interferes with Ps right of possession in a chattel ii.Causation iii.Damages Based on the facts, it is clear that the Farmer does have a valid claim for ‘trespass to chattel’. The elements of causation and damages to the Farmer’s crops are clear. Even though the facts do state that the Pilot ‘did not see the crops from the air as they had been recently planted’), a the Restatement (Second) of Torts indicates that intention is present when an act is done for the purpose of using or otherwise intermeddling with a chattel or with knowledge that such an intermeddling will, to a substantial certainty, result from the act. Based on the rule of law, the Farmer has a valid prima facie claim for ‘trespass to chattel’. c)Did Pilot commit trespass of conversion on Farmer’s property (land and crops) ? The trespass of conversion is similar to the tort of trespass to chattel. Both require D to interfere with Ps right of possession in personal property. However, defendant must have intended to exercise control over the property in a manner inconsistent with the owners rights. However, conversion claims are brought in cases where the damage done to the property is more severe than in a trespass case. The facts of the case do not indicate the severity of the damages or the length of time for the loss of chattel. In the event, that the land was damaged for the longer term where the Farmer was unable to use the land for farming for the longer term, this claim could be made under the laws for ‘conversion’ Conclusion Trespass to land, Trespass to Chattel and Conversion are acts which were committed by Pilot. The Pilot fully intended to land on the Farmer’s property knowing that it belonged to someone else and knowing that they did not have ‘express’ consent to land. The Pilot’s act of intentionally landing in the Farmer’s field caused damaged to the Farmer’s land and crops. However, the Pilot acted within reason, acted as a reasonable person would under the emergency circumstances and did act on the best viable option i.e. landing on vacant farmland versus, a sub-division of homes or trees. The Pilot did not act with recklessness or negligence. As a result, the defense of necessity is applicable. The defense of ‘necessity’ will limit or fully absolve the Pilot from any damage claims from the Farmer. The distinction between public versus private necessity is the deciding factor on the Pilot’s liability towards the Farmer. Though D took a ction to minimize loss to the public, the action was also driven by private necessity as D and D’s clients were less likely to be hurt in the vacant field than in the sub-division and/or trees. In addition, the fact that D was a pilot and was flying a commercially paying client will play a role in deciding public versus private necessity. I believe that it is an act that is not likely to be defined as a ‘public need’ act under case law and as such, the Pilot would be liable to pay reasonable (non-punitive) damages to the Farmer.[5]

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BAGHDAD, Iraq (CNN) -- An American citizen was kidnapped along with the three Romanian journalists abducted Monday in Iraq, the U.S. State Department said Wednesday. Citing privacy laws, a State Department spokeswoman in Washington said she could not release more information, but called for the "immediate and safe recovery of all hostages in Iraq." The Romanians and an unidentified man appeared in a video that aired on the Arabic-language network Al-Jazeera Wednesday. It has not been confirmed whether the unidentified man is the American hostage. The four were shown sitting on a floor as two men -- their faces covered by traditional headscarves -- stood to the side, pointing guns at them. The three Romanians -- Marie Jeanne Ion, Sorin Dumitru Miscoci, and Eduard Ovidiu Ohanesian -- work for Prima TV. They were abducted Monday night. (Full story) Prima TV confirmed the three were in the hostage video. It did not know who the fourth individual was. The hostages appeared calm in the video. At one point, Ion looked into the camera and said in English, "We have been kidnapped." She then said there had been reports their hostage-takers "asked for something in exchange for our freedom. This is not true." In Romania, the Foreign Ministry and the main intelligence service have set up a team to investigate the abduction, and President Traian Basescu has expressed concern. Ion's sister pleaded for her safe return. "I implore you to do everything you can to bring my sister back home," Ana Maria Ion said in an interview on Romanian television. "She has no guilt. Our family is waiting for Marie Jeanne to be here, also all the others." The three were last heard from by the station around 7:45 p.m. Monday during a telephone conversation that was broadcast while they were apparently being abducted, an executive said. A cell phone text message also was sent that said: "Please call the embassy urgently," a reference to Romania's Baghdad embassy. The Romanian ambassador to Iraq has collected the personal effects of the team, which had been in Iraq for three days and had been planning to stay for only five days, a Western source said. Seven civilians die in attacks Insurgents targeting U.S. forces killed seven civilians Wednesday, police said, during attacks in the northern city of Mosul and the Iraqi capital. A woman and child were among six killed in Mosul when insurgents fired on a U.S. military patrol in the northeastern part of the city, police said.

Media Science-Stories vs. Scientific

This paper talks about the different ways on how Non-human Animal Communication is laid out. It is mainly a comparison of various takes on the topic, including scientific research, media science stories and how it is being laid out in the natural world. The scientific research it will tackle is about the role of the physical environment on the animal acoustic communication. This is more on the scholarly way of tackling the topic of non-human animal communication, and is based on extensive studies and research.Another approach is from National Geographic News, which is about a speech project that will be able to understand the communication between non-human animals. This is a media science approach wherein it mixes scientific knowledge regarding non-human animal communication and the dissemination of information through mass media. National Geographic is a well-known scientific knowledge provider through various media means, like print and television. Accompanying material: Disagreements Between Experts in Natural SciencesThe approach on the topic will be on how they will be able to mix the products of scientific research with the mainstream information paths like television shows and environmental magazines. The final approach that will be tackled will be regarding an internet article which came from an unknown author regarding the concept of language for animal communications. This take is more on how most of the people see the topic, making them able to conceive certain ideas, just like what is stated in the internet article.Non-human animal communication is one of those topics wherein humans have no solid grasp of understanding. There are various efforts in order to understand more of the concept, but still, knowledge about it still remains limited. One of the efforts being done to further understand this is through scientific research. Many scientists and researchers conduct experiments on how they would be able to establish information regarding the communication of animals.They test on the possible means of communication, like body signals, excretion of chemicals, or even telepathically, which is not really on the realm of the human understanding. One of these researches is about animal acoustic communication, wherein it emphasizes on the physical characteristics of the world which is perceived by the organism or animal that is being focused on. This research article has been published in the Journal of Comparative Psychology by two authors, which are both from the Animal Behavior Graduate Group of the University of California, Davis (Rundus and Hart).This article tackles on how the physical environments of the non-human animals play a very big role in their lives. It affects the way they communicate with each other, having certain effects on their communicative signals, since these signals directly reflect the physical characteristics of the environment they are living in. The examples that were tack led were the communication of whales, elephants, frogs and many other animals. It also talked about the different purposes of their communication, like for social relationships, parental bonds, or mating calls.There are various conditions which were given in order for the communication of these animals to be established. The first condition is the communication of animals in the terrestrial environments. This is comparably the most familiar way of communication to us humans, since we are also terrestrial organisms. This is affected by the physical barriers like different land formations and materials around the terrestrial environments.This affects the transmission of signals, which are mainly caused by various factors like the type of substrate, the amount and type of foliage, and various geological formations in the area. Communication signals which are transmitted through the air, or airborne signals are also said to be affected by certain factors in the atmosphere, like the temp erature of the environment, the speed of the wind, the humidity, turbulence, and also depending on the time of the day or even the season.Another condition is the communication in the aquatic environment. This is considerably different from that of the terrestrial world, wherein there are different factors to consider. Land dwelling animals greatly differ from the aquatic animals.   It is said that aquatic signals are far more different in the degree of the influence in the terrestrial signals. The propagation of these signals is greatly different, wherein the acoustic signal is several hundred times less than that of the signals propagated in the air. Because of this, acoustic signals are deemed to travel much greater distances in the water. However, these signals are subject to greater distortion of the communicative signals when it passes over long distances.Humans are also said to intervene with the communication patterns of these animals. The animals’ context of the na tural environment is greatly affected by man’s efforts in creating structures or modifying the place to their suiting. Because of these, the animals are forced to adapt with the changes, thus changing their communication patterns as well. Hunting and food gathering of humans have also affected the animal communication, wherein they are forced to seek places away from the people hunting them. Boats in the oceans have distorted the communication patterns of aquatic animals, since their communication signals are also affected. The communicative changes are then adopted by these animals, thus affecting their communication patterns permanently.Another article on non-human animal communication is from the National Geographic News, which is about understanding animal communications. This is more of an exposition of what researchers call as the Dr. Dolittle Project, wherein it aims to learn more about the animal communication. This is in order to help not only the researchers, but al so the people to have a better grasp of animal’s behavior, so that they will be able to improve the means of taking care of them, especially for those in the wild or for the captive animal populations.A researcher said that in the past, humans are trying their best to teach animals on how they will be able to communicate like humans. It’s just high time for us to change that thinking, and try to learn their language, instead of making these animals learn ours (Mott).An example is learning how elephants communicate. This is by using a program that captures the elephant’s behavior then puts it into data which is a modified human speech recognition program. This is able to alert the scientists if there are any changes, including the physiological indicators of the animal.They are using the technology in order to understand these animals more, and that they are able to apply this successfully on elephants. Elephants have been made to wear collars with digital microp hones so that the sound will be captured as they go about their daily lives. After the day, the collars will be removed and the information stored their will be analyzed.One of the aspects that were focused on was the emotion in the elephant’s voices. This is manifested by the hierarchy of the elephants, wherein the subordinates were found to be nervous when they are around   higher-ranking members, an act just like that experienced by humans when they are around their superiors. It is found that there was a nervous jitter in their voices when they approach the superior animals in their herd.The last article is from an internet source, which have an anonymous source. It is more on the author’s opinion regarding the concept of non-human animal communication, wherein the author believes that language does not separate animals and humans, and that animals do have their language, and that they have the ability of cognitive thought. This is because of the animals’ possession of senses; they are able to see, hear and feel things in their environment. Language is their means to communicate to the world, and it is impossible that they have no actual connection with the world. Their connection is established by that language (Anonymous).The article expounds the author’s idea that animals are capable of thought and intention since they have certain abilities like sight and auditory capabilities. This is in comparison with the human’s gauge of mental aptitude which is language. The author quotes what other scientists have said regarding language, which is attached to human mentality. Human mentality is definitive of language competence, and that this language gives the people a grasp of their world, their environment. Because of this they are able to understand their world better.SummaryThe differences on the various ways of writing on science lie on who they are addressed to. Scientific Research is the most reliable means of writing on science, since they present the facts straight from the research itself, including the findings of the experiments. Scientific research offers a truthful, factual slice of information straight from the researchers and the scientists.The only problem is the format that the information is being presented. It is not readily understandable by those who don’t know much of the language the scientific research is written. It is highly technical, so it is assumed that the level of those who will read the scientific research is also high, wherein they are able to understand the raw information being presented to them. This limits this information to those who are able to understand it from how it is written.Comparing this to media science stories, these scientific writing is comparably understandable to a wider range of audience. It is formatted to be understood by a lot of people, especially the masses. National Geographic News presents light information to the people, and they ba ck up the highly technical information that they offer with explanations coming from the researchers themselves. But the problem with this is that the information being delivered becomes diminished, to the point that it doesn’t necessarily give out the specifics of what is being written. This scientific writing doesn’t focus on the scientific process itself, instead, it tackles more on the outputs of the research and how it will be useful to the people.On the other hand, the least factual, least reliable scientific writing is the opinions from the people other than scientists or researchers. This is not first hand information, instead, just a summary of their understandings of the topic, which is in this case, the non-human animal communication. The author condenses other information that he got from other authors and other researches and puts it into his own words. This is a highly opinionated writing, that’s why it is necessary to be critical regarding the tru thfulness of the information being presented.Bibliography:Anonymous. â€Å"Animal Communication†.   2005.   Planet Papers. May 2 2007.Mott, Maryann. â€Å"Animal â€Å"Speech† Project Aims to Decode Critter Communication†.   2006. Ed. National Geographic News.   National Geographic. May 2 2007. .Rundus, Aaron S., and Lynette A. Hart. â€Å"Overview: Animal Acoustic Communication and the Role of the Physical Environment.† Journal of Comparative Psychology Vol. 116.Issue 2 (2002): pp. 120-22.

Homelessness Homeless Population, Origins And...

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Homelessness is usually a chronic and disabling condition that encompasses three states, such as being homeless, having unreliable housing, and moving into a stable house (Roy et al). Among the most vulnerable groups hit by homelessness are children who represent one-third of the homeless population in the United States (Bringle 10). Families consti tute a large percentage of homeless people, and among individuals, male gender is more prevalent. However, this distribution varies based on rural or urban area location. In general, families and children are the fastest-growing population groups among the homeless in America (SmithShow MoreRelatedThe Effects of Homelessness on the Overall Self-Esteem of Homeless Youth1476 Words   |  6 PagesHomelessness is often characterized as adults living on the streets taking shelter beneath the interwoven overpasses of the city or standing alongside busy intersections begging for money. 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